2012-12-12_HYDROLOGY - M1997058 - Laserfiche WebLink

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2. Delivery of Leased Fully Reusable Water. Aurora will deliver Fully Consumable Water from the Metro Wastewater Treatment Plant ( "Metro ") or from other locations upstream from the point at which Lessee will recapture or reclaim such water for purposes of meeting augmentation requirements (the "Recapture Point" which shall be identified on Exhibit A, referenced below). Lessee agrees to accept all deliveries of Fully Reusable Water in the amount that would arrive at its Recapture Point as if all Fully Reusable Water was delivered at Metro. Aurora will notify Lessee of the location from which the leased water is being released. If delivery from a location other than Metro results in less transit loss, Aurora shall be entitled to retain the savings in transit loss with no credit to Lessee in water or money. Upon the release of Fully Reusable Water leased hereunder to the South Platte River, Lessee shall assume sole liability for any loss, damage, or injury that may occur to persons or property as the direct or indirect result of the control and /or use of said Fully Reusable Water by Lessee. The Reclaimed Wastewater shall be delivered "as is," and the City makes no warranties as to the suitability of the quality of the Reclaimed Wastewater for any purpose to which Lessee may desire to apply such water. The amount of Fully Reusable Water needed at Lessee's Recapture Point was calculated by Lessee to include any transportation losses, or "shrinkage," from Metro to Lessee's Recapture Point. Lessee acknowledges that travel time between the delivery points and its place of use in the South Platte River is determined by the Division Engineer for Water Division 1. Lessee will be solely responsible for any and all reporting and accounting required by the Colorado State Engineer or his subordinates after Aurora makes the Fully Reusable Water available from Metro or another delivery point. This responsibility includes, but is not limited to, reporting and accounting concerning the transportation of the Fully Reusable Water from the delivery points, quantification of the Fully Reusable Water within the South Platte River, Lessee's withdrawal of the Fully Reusable Water from the South Platte River (if any), and Lessee's use of the Fully Reusable Water. Aurora will perform any and all reporting and accounting required by the Colorado State Engineer or his subordinates concerning conveyance of the Fully Reusable Water to the delivery points, and shall provide Lessee with the same data reported to the State Engineer related to the volume of Lessee's Fully Reusable Water at the same time it is reported to the State Engineer, or earlier if available. 3. Source of Leased Effluent. Aurora and Lessee agree that the sources of Fully Reusable Water provided under this Lease shall be Aurora's reusable municipal return flows to the South Platte River that Aurora is legally entitled to use for the purposes of this Agreement the fully consumable portion of changed irrigation water rights owned by Aurora and fully consumable water diverted pursuant to decrees entered in 03CW414, 03CW415 and 06CW104. Under no circumstances will this lease be interpreted to mean that Aurora must supply either raw or treated water should Fully Reusable Water be unavailable. 4. Delivery Schedule. Aurora shall deliver the Fully Reusable Water according to the schedule set forth in Exhibit A attached hereto and incorporated herein. Lessee shall have the opportunity to adjust the delivery schedule once per year by providing Aurora with a revised Exhibit A no later than the first day of August in each year. If Lessee provides no revised Exhibit A in any year(s), the delivery schedule shall remain the same as the previous year. In no event shall the total amount of Fully Reusable Water delivered exceed the maximum amounts set forth in Paragraph I of this Agreement. 2 BestWayLease